06-46
RESOLUTION NO. 06-46
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE INITIATION OF LITIGATION
AGAINST NECESSARY PARTIES AND THE RETENTION
OF EXPERTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Pinellas County Charter Review Commission has met on
numerous occasions during the last several years and has ultimately proposed certain
amendments to the Pinellas County Charter; and
WHEREAS, pursuant to the Pinellas County Charter, the
recommendations of the Pinellas County Charter Review Commission must be placed
on the ballot for referendum; and
WHEREAS, the City of Clearwater is concerned that its citizens may not
understand the negative impacts of these proposed amendments without additional
information and discussion than that provided by the Pinellas County Charter Review
Commission; and
WHEREAS, there is some question concerning whether the Pinellas
County Charter Review Commission followed the required processes and procedures to
place these proposed amendments on the ballot; and
WHEREAS, several of the proposed amendments require Special Acts to
be adopted by the Legislature before they can be implemented and without adequate
information the citizens of Clearwater may not be informed of that fact; and
WHEREAS, it is a duty of local democratic government to help lead the
citizens to make an informed choice through fair persuasion particularly when it
concerns controversial votes which may have a profound impact on the City and its
citizens; and
WHEREAS, municipal leaders have a duty and a right to say which course
of action they think best and to make fair use of their offices for this public purpose;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council finds that it necessary and in the public interest of
the citizens of the City of Clearwater and the City, and essential to the health, protection
and welfare of the citizens of the City of Clearwater and the City, for the City Council to
authorize the filing of litigation against any necessary parties to assure that the
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Resolution No. 06-46
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appropriate laws and procedures were followed in the adoption of the proposed
referendum questions by the Pinellas County Charter Review Commission and to
protect the power and authority of the cities.
Section 2. The City Attorney is authorized to hire such experts as are deemed
necessary to bring any litigation to a successful conclusion.
Section 3. This resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 3rd day of August
,2006.
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Mank V. Hibbard
Mayor
Approved as to form:
Attest:
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Pa ela K. Akin
City Attorney
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D City Clerk --:;~""_.~"._'_~_--:-'~"-.' '.
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Resolution No. 06-46